1. EU Maritime Security Policy and legislation
Christian DUPONT
Deputy Head of Unit for Maritime & Land Transport Security
DG Mobility and Transport
European Commission
Trafi seminar, Helsinki ,
16 & 17 September 2014

2. Key figures EU MARSEC LEGISLATION APPLIES TO :
23 coastal States & 26 Flag States
7574 flagged vessels (to which Regulation 725/2004 applies)
4300 maritime companies
1082 ports ‏
> 3800 port facilities
80 RSO appointed by the MS

3. What is maritime security ?
Preventing/reacting vs threats – only for/against the users of the seas?
What kind of threats?
Traditional threats to maritime security : mainly diplomatic/military nature (i.e. territorial disputes)
Non-traditional threats : terrorism, piracy, organised crime, illegal fishing, etc…
The non-definition of the IMO

4. Definition of maritime security for EU maritime transport
Regulation (EC) n° 725/2004 on enhancing ship & port facility security reads :
”Maritime security means the combination of preventing measures intended to protect shipping and port facilities against threats of intentional unlawful acts.”

5. EU maritime transport security-related legislation
1. Regulation (EC) n° 725/2004: maritime & port facility security
2. Port Security Directive EC n° 65/2005
3. Commission Regulation 324/2008: inspections
4. Regulation (EC) 450/2008: Modernised Customs Code

6. EU Maritime Security legislation (1)
Regulation (EC) n° 725/2004 of 31 March 2004
Based on SOLAS chapter XI/2 and the ISPS Code, in force since 19/05/2004
scope is limited to ships, companies and port facilities
International maritime traffic covered since 01/07/2004
« Class A » national maritime traffic since 01/07/2005
Other national maritime traffic from 01/07/2007, dependent upon the result of a compulsory security risk analysis to be conducted by each Member State
Made mandatory some provisions of ISPS part B
Creation of Community inspection regime, essential to ensure consistency
Creation of an EU Maritime Security Committee

7. EU Maritime Security legislation (2)
Directive 2005/65/EC of 26 October 2005 on enhancing port security
Based on the IMO/ILO code of practices for Port Security
Threat not limited to the ship-port interface but also includes ports as a whole;
Applies to any port with port facilities within scope of Regulation 725/2004;
Complements ship and port facility security and expands into all security relevant port areas;
Boundaries of the port to be defined on a case by case basis by the Member States

8. EU Maritime Security legislation (3) Directive 2005/65/EC on enhancing port security contd.
Uses the same tools as Regulation 725/2004 (security assessment, security plan, three Security Levels, approval by Member States, plus appointment of a Port Security Authority);
Minimum requirements for PSA, PSP, training and RSOs (detailed in the Annexes);
Port security officer to be appointed;
A port security committee may provide practical advice on security matters;
Particular attention to be given to Ro-Ro vessels carrying passengers and vehicles.

9. Implementation Inspections to ensure implementation
In general, Regulation 725 /2004 well implemented by Member States
Differences in national administrative practices
Different administrations for ships and ports
Federal and decentralized structures
Implementation of Directive 2005/65/EC more challenging

10. Over 750 EU Commission inspections since 2005
LEGEND
C- Companies
RSO- Recognized Security Organizations
DIR- ports
NA- National Administrations
PF- Port Facilities

11. EU trends in Port Security Assessments (PSA) carried out and Port Security Plans (PSP) adopted, (as of 02/06/2014)

12. Implementation - Follow-up
Nr of Ports
23 Member States
Situation
January
2010
2012
2014
September
PSA
PSP
Up to
30 Ports
14 MS: 222 ports
54%
29%
85%
68%
99%
97%
99.5%
More than
9 MS: 861 ports
19%
14%
81%
40%
93%
73%
95%
91.1%
1083 EU
Ports
32%
82%
47%
94%
78%
95.9%
92.6%
11/09/2014

13. To conclude…..
Much progress in ten years – but still plenty of scope to do more
Port Security measures require a high level of vigilance from Member States authorities.
Commission's MARSEC Inspection programme will continue with due vigilance.

14. Any questions?

15. Thank you for your attention!
Christian Dupont
Deputy Head of Unit
Maritime Security
European Commission
DG MOVE A4